CONSTITUTION OF MALTA
ARRANGEMENT OF ARTICLES
CHAPTER I
The Republic of Malta
Article - The Republic and its Territories.
- Religion.
- National Flag.
- National Anthem.
- Language.
- Constitution to be supreme law.
CHAPTER II
Declaration of Principles - Right to work.
- Promotion of culture, etc.
- Safeguarding of landscape and historical and artistic patrimony.
- Compulsory and free primary education.
- Educational interest.
- Protection of work.
- Hours of work.
- Rights of women workers.
- Minimum age for paid labour.
- Safeguarding labour of minors.
- Social assistance and insurance.
- Encouragement of private economic enterprise.
- Protection of artisan trades.
- Encouragement of co-operatives.
- Application of the principles contained in this Chapter.
CHAPTER III
Citizenship - Persons who become citizens on appointed day.
- Persons entitled to be registered as citizens.
- Persons naturalized or registered as resident before appointed day.
- Acquisition of citizenship by birth or descent by persons born on or after appointed day.
- Marriage to citizen of Malta.
- Dual citizenship.
- Commonwealth citizens.
- Criminal liability of Commonwealth citizens.
- Powers of Parliament.
- Interpretation.
- CHAPTER IV Fundamental Rights and Freedoms of the Individual
- Fundamental rights and freedoms of the individual.
- Protection of right to life.
- Protection from arbitrary arrest or detention.
- Protection from forced labour.
- Protection from inhuman treatment.
- Protection from deprivation of property without compensation.
- Protection for privacy of home or other property.
- Provisions to secure protection of law.
- Protection of freedom of conscience and worship.
- Protection of freedom of expression.
- Protection of freedom of assembly and association.
- Prohibition of deportation.
- Protection of freedom of movement.
- Protection from discrimination on the grounds of race, etc.
- Enforcement of protective provisions.
- Interpretation of Chapter IV.
- CHAPTER V The President
- Establishment of the office of President.
- Discharge of President’s functions during vacancy, etc.
- Oath to be taken by the President.
- CHAPTER VI
Parliament
PART 1
Composition of Parliament
- Establishment of Parliament.
- Composition of the House of Representatives.
- Qualifications for membership of House of Representatives.
- Disqualifications for membership of House of Representatives.
- Tenure of office of members.
- Voting at Elections.
- Qualification of voters.
- Disqualification of voters.
- Speaker and Deputy Speaker.
- Establishment of Electoral Commission.
- Electoral divisions.
- Filling of vacancies.
- Determination of questions as to membership.
- Clerk to House of Representatives and his staff.
- PART 2
Powers and Procedure of Parliament
- Power to make laws.
- Alteration of this Constitution.
- Regulation of procedure in House of Representatives.
- Oath to be taken by members of House of Representatives.
- Presiding in House of Representatives.
- Quorum in House of Representatives.
- Voting.
- Mode of exercising legislative powers.
- Restriction with regard to certain financial measures.
- Language of Laws.
- PART 3
Summoning, Prorogation and Dissolution
- Sessions of Parliament.
- Prorogation and dissolution of Parliament.
- General elections.
- CHAPTER VII
The Executive
- Executive authority of Malta.
- The Cabinet.
- Appointment of Ministers.
- Tenure of office of Ministers.
- Allocation of portfolios to Ministers.
- Acting Prime Minister.
- Temporary Ministers.
- Exercise of functions of President.
- Exercise of Prime Minister’s functions.
- President to be informed concerning matters of government.
- Parliamentary Secretaries.
- Oath to be taken by Ministers.
- Leader of the Opposition.
- Attorney General.
- Permanent Secretaries and heads of government departments.
- Prerogative of mercy.
- Secretary to the Cabinet.
CHAPTER VIII
The Judiciary - Superior Courts.
- Appointment of judges.
- Tenure of office of judges.
- Acting Chief Justice and acting judges.
- Inferior Courts.
- Magistrates.
- Oaths to be taken by judges and magistrates. 101A. Commission for the Administration of Justice.
CHAPTER IX Finance - Consolidated Fund.
- Authorisation of expenditure from Consolidated Fund.
- Authorisation of expenditure before appropriation.
- Contingencies Fund.
- Public debt.
- Remuneration in respect of certain offices.
- Auditor General.
- CHAPTER X The Public Service
- Public Service Commission.
- Appointment, etc. of public officers.
- Principal representatives of Malta abroad.
112. | Appointment on transfer in respect of certain offices. |
113. | Protection of pension rights. |
114. | Grant and withholding of pensions, etc. |
115. | Protection of Public Service Commission from legal proceedings. |
| CHAPTER XI |
| Miscellaneous |
116. | Actions on validity of laws. |
117. | Prohibition of certain associations. |
118. | Broadcasting Authority. |
119. | Function of the Broadcasting Authority. |
120. | Employment Commission. |
121. | Powers and procedure of Commissions. |
122. | Resignations. |
123. | Reappointments, etc. |
124. | Interpretation. |
SCHEDULES TO THE CONSTITUTION
FIRST SCHEDULE SECOND SCHEDULE: Oaths Of Office THIRD SCHEDULE: Oath of Allegiance FOURTH SCHEDULE: List of Commonwealth Countries other than Malta
Substituted by:
LVIII. 1974.2.
The Republic and its territories.
Substituted by:
LVIII. 1974.3. Amended by:
IV. 1987.2.
CONSTITUTION OF MALTA
The Malta Independence Order, 1964, as amended by Acts: XLI of 1965, XXXVII of 1966, IX of 1967, XXVI of 1970, XLVII of 1972, LVII, LVIII of 1974, XXXVIII of 1976, X of 1977, XXIX of 1979, IV of 1987, XXIII of 1989; Proclamations Nos. II and VI of 1990; Acts XIX of 1991, IX of 1994; Proclamations IV of 1995 and III of 1996; Acts: XI of 1996, XVI of 1997, III of 2000, XIII of 2001, V of 2003, and XIV and XXI of 2007.
21st September, 1964*
CHAPTER I
The Republic of Malta
1. (1) Malta is a democratic republic founded on work and on respect for the fundamental rights and freedoms of the individual. - (2)
- The territories of Malta consist of those territories comprised in Malta immediately before the appointed day, including the territorial waters thereof, or of such territories and waters as Parliament may from time to time by law determine.
- (3)
- Malta is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance. Such a status will, in particular, imply that:
- (a)
- no foreign military base will be permitted on Maltese territory;
- (b)
- no military facilities in Malta will be allowed to be used by any foreign forces except at the request of the Government of Malta, and only in the following cases:
- (i)
- in the exercise of the inherent right of self-defence in the event of any armed violation of the area over which the Republic of Malta has sovereignty, or in pursuance of measures or actions decided by the Security Council of the United Nations; or
- (ii)
- whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Republic of Malta;
- (c)
- except as aforesaid, no other facilities in Malta will be allowed to be used in such manner or extent as will amount to the presence in Malta of a concentration of foreign forces;
- (d)
- except as aforesaid, no foreign military personnel will be allowed on Maltese territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defence of the Republic of Malta;
*See The Malta Independence Order of the 2nd of September, 1964.
(e) the shipyards of the Republic of Malta will be used for civil commercial purposes, but may also be used, within reasonable limits of time and quantity, for the repair of military vessels which have been put in a state of non-combat or for the construction of vessels; and in accordance with the principles of non-alignment the said shipyards will be denied to the military vessels of the two superpowers.
2. (1) The religion of Malta is the Roman Catholic Apostolic Religion. - (2)
- The authorities of the Roman Catholic Apostolic Church have the duty and the right to teach which principles are right and which are wrong.
- (3)
- Religious teaching of the Roman Catholic Apostolic Faith shall be provided in all State schools as part of compulsory education.
3. (1) The National Flag of Malta consists of two equal vertical stripes, white in the hoist and red in the fly.
(2) A representation of the George Cross awarded to Malta by His Majesty King George the Sixth on the 15th April, 1942 is carried, edged with red, in the canton of the white stripe. - The National Anthem of Malta is "L-Innu Malti" opening with the words "Lil din l-Art ]elwa 1-Omm li tatna isimha".
- (1) The National language of Malta is the Maltese language.
(2) The Maltese and the English languages and such other language as may be prescribed by Parliament (by a law passed by not less than two-thirds of all the members of the House of Representatives) shall be the official languages of Malta and the Administration may for all official purposes use any of such languages:
Provided that any person may address the Administration in any of the official languages and the reply of the Administration thereto shall be in such language.
(3) The language of the Courts shall be the Maltese language:
Provided that Parliament may make such provision for the use of the English language in such cases and under such conditions as it may prescribe.
(4) The House of Representatives may, in regulating its own procedure, determine the language or languages that shall be used in Parliamentary proceedings and records.
6. Subject to the provisions of sub-articles (7) and (9) of article 47 and of article 66 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.
Religion.
Substituted by: LVIII.1974.4.
National Flag. Substituted by
LVIII. 1974.5.
National Anthem.
Language.
Constitution to be supreme law.
Substituted by: LVII.1974.2;
LVIII. 1974.69.
Right to work.
Promotion of culture, etc.
Safeguarding oflandscape and historical and artistic patrimony.
Compulsory and free primary education.
Educational interests.
Protection of work.
Hours of work.
Equal rights ofmen and women.
Substituted by:
XIX. 1991.2.
Minimum age forpaid labour.
Safeguardinglabour of minors.
Social assistance and insurance.
CHAPTER II
Declaration of Principles - The State recognises the right of all citizens to work and shall promote such conditions as will make this right effective.
- The State shall promote the development of culture and scientific and technical research.
- The State shall safeguard the landscape and the historical and artistic patrimony of the Nation.
- Primary education shall be compulsory and in State schools shall be free of charge.
- (1) Capable and deserving students, even if without financial resources, are entitled to attain the highest grades of education.
(2) The State shall give effect to this principle by means of scholarships, of contributions to the families of students and other provisions on the basis of competitive examinations.
12. (1) The State shall protect work.
(2) It shall provide for the professional or vocational training and advancement of workers.
13. (1) The maximum number of hours of work per day shall be fixed by law.
(2) The worker is entitled to a weekly day of rest and to annual holidays with pay; he cannot renounce this right. - The State shall promote the equal right of men and women to enjoy all economic, social, cultural, civil and political rights and for this purpose shall take appropriate measures to eliminate all forms of discrimination between the sexes by any person, organisation or enterprise; the State shall in particular aim at ensuring that women workers enjoy equal rights and the same wages for the same work as men.
- The minimum age for paid labour shall be prescribed by law.
- The State shall provide for safeguarding the labour of minors and assure to them the right to equal pay for equal work.
- (1) Every citizen incapable of work and unprovided with the resources necessary for subsistence is entitled to maintenance and social assistance.
- (2)
- Workers are entitled to reasonable insurance on a contributory basis for their requirements in case of accident, illness, disability, old-age and involuntary unemployment.
- (3)
- Disabled persons and persons incapable of work are entitled to education and vocational training.
18. The State shall encourage private economic enterprise. - The State shall provide for the protection and development of artisan trades.
- The State recognises the social function of co-operatives and shall encourage their development.
- The provisions of this Chapter shall not be enforceable in any court, but the principles therein contained are nevertheless fundamental to the governance of the country and it shall be the aim of the State to apply these principles in making laws.
CHAPTER III
Citizenship
22. (1) The acquisition, possession, renunciation and loss of Maltese citizenship shall be regulated by law.
(2) Dual or multiple citizenship is permitted in accordance with any law for the time being in force in Malta.
23. (1) Every person who under this Constitution or any Act of Parliament is a citizen of Malta or under any enactment for the time being in force in any country to which this article applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen. - (2)
- Every person who is a British subject without citizenship under the British Nationality Act, 1948 or who continues to be a British subject under article 2 of that Act shall by virtue of that status have the status of a Commonwealth citizen.
- (3)
- The countries to which this article applies are those listed in the Fourth Schedule to this Constitution.
- (4)
- The President may by Proclamation amend, add to, revoke or substitute the list of countries in the Fourth Schedule to this Constitution.
24. (1) A Commonwealth citizen who is not a citizen of Malta or a citizen of the Republic of Ireland who is not a citizen of Malta shall not be guilty of an offence against any law in force in Malta by reason of anything done or omitted in any part of the Commonwealth other than Malta or in the Republic of Ireland or in any foreign country unless - - (a)
- the act or omission would be an offence if he were an alien; and
- (b)
- in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country.
(2) In this article
"alien" means a person who is not a Commonwealth citizen, a
Encouragement of private economic enterprise.
Protection of artisan trades.
Encouragement of co-operatives.
Application of the principlescontained in this Chapter.
Citizenshipregulated by law.
Substituted by:III.2000.2.
Commonwealth citizens.
Amended by:
XLI. 1965.3;
IX. 1967;
XXIII. 1989.6. Renumbered by:III.2000.4.
Criminal liability of Commonwealth citizens.
Renumbered and amended by:III.2000.5.
Acquisition ofcitizenship by birth or descent bypersons born on orafter appointed day.
Substituted by:
XXIII. 1989.3.
Marriage to citizen of Malta.
Amended by:LVIII.1974.8. Substituted by: XXIII.1989.4.
Dual citizenship.
Amended by:
XXXVII. 1966.2;
LVIII. 1974.9;
XXIII. 1989.5.
Powers of Parliament.
Interpretation.
Amended by: LVIII.1974.10 ; X.1977.2;
XXIII.